In a significant legal development, the Jamaican Constitutional Court has ruled that Paula Llewellyn, the current Director of Public Prosecutions (DPP), must resign from her position with immediate effect. The decision follows a court judgment last year that deemed her extension in the role as unconstitutional, stirring debates about governance and constitutional adherence in the country.
After the court's ruling on Friday, King’s Counsel Michael Hylton, representing Opposition lawmakers Phillip Paulwell and Peter Bunting, emphasized that the case wasn't about Llewellyn personally but about upholding the rule of law and respecting the Constitution. He expressed satisfaction with the court’s decision, underlining the importance of constitutional adherence.
Paulwell echoed these sentiments, stressing the ruling’s significance in maintaining governance and constitutional principles. He also criticized the government’s handling of the situation, suggesting that better engagement with the Opposition could have prevented this embarrassment.
The court's decision, delivered by Justice Sonya Wint-Blair, upheld a constitutional amendment raising the retirement age for the DPP and Auditor General to 65 but found the provision allowing Llewellyn to choose to remain in office beyond 60 unconstitutional and void. The judgment clarified that any further extension of the DPP’s tenure must be agreed upon by the prime minister and opposition leader, as outlined by the Constitution.
This ruling brings to light broader concerns about the Holness administration’s approach to constitutional amendments, which have faced legal challenges due to lack of consultation with the Opposition and rushed legislative processes. The controversial amendment allowing Llewellyn’s extended tenure was passed without Opposition support on the same day it was introduced in the House of Representatives.
Llewellyn, who has served as DPP since 2008, had previously received a three-year extension beyond the retirement age in 2020, which expired in September 2023. The court’s ruling mandates her departure from the role, pending further legal developments or potential appeals.
The decision has sparked reactions across Jamaica, with L.A. Lewis, a public supporter of Vybz Kartel, swiftly sharing the news on social media. Lewis, in his post, emphasized the seriousness of the situation and hinted at potential implications for ongoing legal battles.
Amidst this legal upheaval, a pre-trial, five-day court hearing is scheduled to begin on June 10th regarding the Vybz Kartel murder case. With Llewellyn’s DPP position uncertain, it remains to be seen how this development will impact the proceedings and the wider legal landscape in Jamaica.
As the country navigates through these legal challenges, the case serves as a reminder of the importance of upholding constitutional principles and ensuring transparent governance processes. The coming days are likely to witness further legal and political developments as stakeholders grapple with the implications of this landmark court ruling.
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